Outdated Exemption List, Subchapter D - April 7, 1998Synopsis of specific exemptions from air permitting that were in effect on this date.http://www.tceq.com/permitting/air/permitbyrule/historical_rules/old106list/apr98/d.htmlhttp://www.tceq.com/@@site-logo/tceqlogo-3colors.gif

Outdated Exemption List, Subchapter D - April 7, 1998

Synopsis of specific exemptions from air permitting that were in effect on this date.

Any new or modified pilot plant is exempt, provided the
following conditions of this section are met.

(1) For purposes of this section, a pilot plant is defined as
a facility that is constructed and operated only for one of the
following purposes:

(A) testing the manufacturing or marketing potential of a
proposed product; or

(B) defining the design of a larger plant; or

(C) studying the behavior of an existing plant through
modeling in the pilot plant.

(2) The sum of product, co-product, and by-product production
design capacity from the pilot plant shall not exceed five million
pounds per year.

(3) Operation of the pilot plant for purposes of testing
market potential of a product, co-product, or by-product may not
occur beyond the end of the fifth calendar year from the year of
initial production (year 1) of the specific product, co-product, or
by-product, unless a permit is obtained under § 116.110 of
this title (relating to Applicability). This five-year limit on
pilot plant activity applies to equipment devoted to development of
one specific product or process; therefore, that equipment can be
subsequently used for development of other process(es) or
product(s), setting a new time limit for its use.

(4) The pilot plant shall be located at least 500 feet from
any recreational area or residence or other structure not occupied
or used solely by the owner of the facility or the owner of the
property upon which the facility is located.

(5) New or increased emissions shall not exceed 6.0 pounds per
hour (lb/hr) and ten tons per year in total (including fugitives)
and shall not exceed 1.0 lb/hr at any single stack (excluding
fugitives). In addition, total new or increased emissions of each
specific chemical shall not exceed the most stringent applicable
requirement of the following:

(A) the chemical-specific emission limits determined by §
106.262(3) of this title (relating to Facilities (Emission and
Distance Limitations) (Previously SE 118));

(B) the chemical-specific emission limits determined by §
106.261(4) of this title (relating to Facilities (Emission
Limitations) (Previously SE 106)); or

(C) 6.0 lb/hr for any simple asphyxiant as defined by the
American Conference of Governmental Industrial Hygienists.